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Referral of questions of law to High Court
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177. (1) The Mining Board may at any stage in proceedings, on its own motion or on the application of any party to the proceedings, refer any question of law by way of case stated for the determination of the High Court, and shall adjourn the proceedings pending the determination.
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(2) Any party to proceedings before the Mining Board who is aggrieved by the refusal of the Board to state a case on a question of law may apply, either before or within 21 days after the day that the Board makes its decision, to the High Court in a summary manner for an order directing the Board to state a case for the determination of the High Court on the question.
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(3) The High Court, on receiving an application under subsection (2), may make the requested order, and, in that event—
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(a) the Mining Board shall comply with its terms even though the Board may have given its decision, and
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(b) if the Mining Board has already given its decision, the decision is annulled accordingly and the Board shall make a new decision following the determination of the case stated.
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(4) The costs of any reference to the High Court under this section are in the discretion of that Court.
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